The opinion of the court was delivered by: CONABOY
RICHARD P. CONABOY, UNITED STATES DISTRICT JUDGE
Because the Plaintiff herein filed a complaint on January 28, 1988, seeking to "enjoin Merger Pending Appeal"; and
Because this action was aimed at preventing consolidation of Locals 90 and 254, of the United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, as ordered by the General President of the United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada on January 12, 1988; and
Because this Court entered an Order on January 29, 1988 setting a schedule for Defendant's answer to the complaint and Plaintiff's reply; and scheduling oral argument and hearing for February 11, 1988; and
Because, by agreement of counsel, we consolidated the hearing on the preliminary injunction with the hearing on the final injunction and on the merits [Fed.R.Civ.P. 65(a)(2)]; and
Because we find the sole issue before this Court is whether the Defendant's interpretation of its constitutional provision requiring a merger to proceed pending appeal to the next National Convention is "patently unreasonable". (See Stelling v. International, 587 F.2d 1379, (9th Cir. 1978), cert. denied, 442 U.S. 944, 99 S. Ct. 2890, 61 L. Ed. 2d 315 (1979); and
Because we find the Defendant's interpretation is not patently unreasonable (See Local 334 et al. v. United Association, et al., 669 F.2d 129 (3d Cir. 1982).
NOW, THEREFORE, the prayer of the Plaintiff's complaint and the motion for a preliminary and permanent injunction is denied.
On February 17, 1988, this Court issued an Order denying the Plaintiff's motion for a preliminary and permanent injunction which sought to enjoin the decision of the Defendant, United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, AFL-CIO, to merge the Plaintiff, Plumbers Local 90, with Pipefitters Local 524. In rejecting Local 90's claims, the Court held that the Defendant in ordering the merger had not interpreted its constitution in a "patently unreasonable" manner.
On March 7, 1988, the Plaintiff filed an appeal to the Court of Appeals for the Third Circuit from this Court's February 17, 1988 Order. This matter is once again before the Court on the motion of the Plaintiff for an injunction pending appeal pursuant to Fed.R.Civ.P. 62(c).
On March 10, 1988, the Court held a hearing and heard oral argument on the question of whether an injunction pending appeal ...